Arbitration Ordinance (2010)/Schedules

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UNCITRAL Model Law on International Commercial Arbitration
(As adopted by the United Nations Commission on International Trade Law on 21 June 1985, and as amended by the United Nations Commission on International Trade Law on 7 July 2006)

CHAPTER I. GENERAL PROVISIONS

Article 1. Scope of application*

(1) This Law applies to international commercial** arbitration, subject to any agreement in force between this State and any other State or States.

(2) The provisions of this Law, except articles 8, 9, 17H, 17I, 17J, 35 and 36, apply only if the place of arbitration is in the territory of this State.

(Article 1(2) has been amended by the Commission at its thirty-ninth session, in 2006)

(3) An arbitration is international if:

(a) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or

(b) one of the following places is situated outside the State in which the parties have their places of business:

(i) the place of arbitration if determined in, or pursuant to, the arbitration agreement;

(ii) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or

(c) the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country.

(4) For the purposes of paragraph (3) of this article:

(a) if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement;

(b) if a party does not have a place of business, reference is to be made to his habitual residence.

(5) This Law shall not affect any other law of this State by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law.

[Note: Section 5 has effect in substitution for article 1—see section 7.]

Article 2. Definitions and rules of interpretation

For the purposes of this Law:

(a) “arbitration” means any arbitration whether or not administered by a permanent arbitral institution;

(b) “arbitral tribunal” means a sole arbitrator or a panel of arbitrators;

(c) “court” means a body or organ of the judicial system of a State;

(d) where a provision of this Law, except article 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination;

(e) where a provision of this Law refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement;

(f) where a provision of this Law, other than in articles 25(a) and 32(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim.

[Note: Section 2 has effect in substitution for article 2—see section 8.]

Article 2A. International origin and general principles
(As adopted by the Commission at its thirty-ninth session, in 2006)

(1) In the interpretation of this Law, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.

(2) Questions concerning matters governed by this Law which are not expressly settled in it are to be settled in conformity with the general principles on which this Law is based.

[Note: See section 9.]

Article 3. Receipt of written communications

(1) Unless otherwise agreed by the parties:

(a) any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it;

(b) the communication is deemed to have been received on the day it is so delivered.

(2) The provisions of this article do not apply to communications in court proceedings.

[Note: See section 10.]

Article 4. Waiver of right to object

A party who knows that any provision of this Law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall be deemed to have waived his right to object.

[Note: See section 11.]

Article 5. Extent of court intervention

In matters governed by this Law, no court shall intervene except where so provided in this Law.

[Note: See section 12.]

Article 6. Court or other authority for certain functions of arbitration assistance and supervision

The functions referred to in articles 11(3), 11(4), 13(3), 14, 16(3) and 34(2) shall be performed by ... [Each State enacting this model law specifies the court, courts or, where referred to therein, other authority competent to perform these functions.]

[Note: Section 13(2) to (6) has effect in substitution for article 6—see section 13.]

CHAPTER II. ARBITRATION AGREEMENT

Option I

Article 7. Definition and form of arbitration agreement
(As adopted by the Commission at its thirty-ninth session, in 2006)

(1) “Arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

(2) The arbitration agreement shall be in writing.

(3) An arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means.

(4) The requirement that an arbitration agreement be in writing is met by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference; “electronic communication” means any communication that the parties make by means of data messages; “data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy.

(5) Furthermore, an arbitration agreement is in writing if it is contained in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other.

(6) The reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract.

Option II

Article 7. Definition of arbitration agreement
(As adopted by the Commission at its thirty-ninth session, in 2006)

“Arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

[Note: See section 19. Option I of this article is adopted.]

Article 8. Arbitration agreement and substantive claim before court

(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.

(2) Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court.

[Note: See section 20.]

Article 9. Arbitration agreement and interim measures by court

It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure.

[Note: See section 21.]

CHAPTER III. COMPOSITION OF ARBITRAL TRIBUNAL

Article 10. Number of arbitrators

(1) The parties are free to determine the number of arbitrators.

(2) Failing such determination, the number of arbitrators shall be three.

[Note: Article 10(2) is not applicable—see section 23.]

Article 11. Appointment of arbitrators

(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.

(2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs (4) and (5) of this article.

(3) Failing such agreement,

(a) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court or other authority specified in article 6;

(b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the court or other authority specified in article 6.

(4) Where, under an appointment procedure agreed upon by the parties,

(a) a party fails to act as required under such procedure, or

(b) the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or

(c) a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.

(5) A decision on a matter entrusted by paragraph (3) or (4) of this article to the court or other authority specified in article 6 shall be subject to no appeal. The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.

[Note: See section 24.]

Article 12. Grounds for challenge

(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by him.

(2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.

[Note: See section 25.]

Article 13. Challenge procedure

(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of paragraph (3) of this article.

(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in article 12(2), send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

(3) If a challenge under any procedure agreed upon by the parties or under the procedure of paragraph (2) of this article is not successful, the challenging party may request, within thirty days after having received notice of the decision rejecting the challenge, the court or other authority specified in article 6 to decide on the challenge, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.

[Note: See section 26.]

Article 14. Failure or impossibility to act

(1) If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination. Otherwise, if a controversy remains concerning any of these grounds, any party may request the court or other authority specified in article 6 to decide on the termination of the mandate, which decision shall be subject to no appeal.

(2) If, under this article or article 13(2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this article or article 12(2).

[Note: See section 27.]

Article 15. Appointment of substitute arbitrator

Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

[Note: See section 28.]

CHAPTER IV. JURISDICTION OF ARBITRAL TRIBUNAL

Article 16. Competence of arbitral tribunal to rule on its jurisdiction

(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.

(3) The arbitral tribunal may rule on a plea referred to in paragraph (2) of this article either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in article 6 to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.

[Note: See section 34.]

CHAPTER IVA. INTERIM MEASURES AND PRELIMINARY ORDERS
(As adopted by the Commission at its thirty-ninth session, in 2006)

Section 1. Interim measures

Article 17. Power of arbitral tribunal to order interim measures

(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures.

(2) An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to:

(a) Maintain or restore the status quo pending determination of the dispute;

(b) Take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself;

(c) Provide a means of preserving assets out of which a subsequent award may be satisfied; or

(d) Preserve evidence that may be relevant and material to the resolution of the dispute.

[Note: See [[Arbitration Ordinance#35.0|section 35].]

Article 17A. Conditions for granting interim measures

(1) The party requesting an interim measure under article 17(2)(a), (b) and (c) shall satisfy the arbitral tribunal that:

(a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and

(b) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.

(2) With regard to a request for an interim measure under article 17(2)(d ), the requirements in paragraphs (1)(a) and (b) of this article shall apply only to the extent the arbitral tribunal considers appropriate.

[Note: See section 36.]

Section 2. Preliminary orders

Article 17B. Applications for preliminary orders and conditions for granting preliminary orders

(1) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested.

(2) The arbitral tribunal may grant a preliminary order provided it considers that prior disclosure of the request for the interim measure to the party against whom it is directed risks frustrating the purpose of the measure.

(3) The conditions defined under article 17A apply to any preliminary order, provided that the harm to be assessed under article 17A(1)(a), is the harm likely to result from the order being granted or not.

[Note: See section 37.]

Article 17C. Specific regime for preliminary orders

(1) Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications, including by indicating the content of any oral communication, between any party and the arbitral tribunal in relation thereto.

(2) At the same time, the arbitral tribunal shall give an opportunity to any party against whom a preliminary order is directed to present its case at the earliest practicable time.

(3) The arbitral tribunal shall decide promptly on any objection to the preliminary order.

(4) A preliminary order shall expire after twenty days from the date on which it was issued by the arbitral tribunal. However, the arbitral tribunal may issue an interim measure adopting or modifying the preliminary order, after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case.

(5) A preliminary order shall be binding on the parties but shall not be subject to enforcement by a court. Such a preliminary order does not constitute an award.

[Note: See section 38.]

Section 3. Provisions applicable to interim measures and preliminary orders

Article 17D. Modification, suspension, termination

The arbitral tribunal may modify, suspend or terminate an interim measure or a preliminary order it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal’s own initiative.

[Note: See section 39.]

Article 17E. Provision of security

(1) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.

(2) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless the arbitral tribunal considers it inappropriate or unnecessary to do so.

[Note: See section 40.]

Article 17F. Disclosure

(1) The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted.

(2) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that are likely to be relevant to the arbitral tribunal’s determination whether to grant or maintain the order, and such obligation shall continue until the party against whom the order has been requested has had an opportunity to present its case. Thereafter, paragraph (1) of this article shall apply.

[Note: See section 41.]

Article 17G. Costs and damages

The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in the circumstances, the measure or the order should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.

[Note: See section 42.]

Section 4. Recognition and enforcement of interim measures

Article 17H. Recognition and enforcement

(1) An interim measure issued by an arbitral tribunal shall be recognized as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the competent court, irrespective of the country in which it was issued, subject to the provisions of article 17I.

(2) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of any termination, suspension or modification of that interim measure.

(3) The court of the State where recognition or enforcement is sought may, if it considers it proper, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties.

[Note: Section 61 has effect in substitution for article 17H—see section 43.]

Article 17I. Grounds for refusing recognition or enforcement***

(1) Recognition or enforcement of an interim measure may be refused only:

(a) At the request of the party against whom it is invoked if the court is satisfied that:

(i) Such refusal is warranted on the grounds set forth in article 36(1)(a)(i), (ii), (iii) or (iv); or

(ii) The arbitral tribunal’s decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with; or

(iii) The interim measure has been terminated or suspended by the arbitral tribunal or, where so empowered, by the court of the State in which the arbitration takes place or under the law of which that interim measure was granted; or

(b) If the court finds that:

(i) The interim measure is incompatible with the powers conferred upon the court unless the court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance; or

(ii) Any of the grounds set forth in article 36(1)(b)(i) or (ii), apply to the recognition and enforcement of the interim measure.

(2) Any determination made by the court on any ground in paragraph (1) of this article shall be effective only for the purposes of the application to recognize and enforce the interim measure. The court where recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.

[Note: Article 17I does not have effect—see section 44.]

Section 5. Court-ordered interim measures

Article 17J. Court-ordered interim measures

A court shall have the same power of issuing an interim measure in relation to arbitration proceedings, irrespective of whether their place is in the territory of this State, as it has in relation to proceedings in courts. The court shall exercise such power in accordance with its own procedures in consideration of the specific features of international arbitration.

[Note: Article 17J does not have effect—see section 45.] CHAPTER V.

CONDUCT OF ARBITRAL PROCEEDINGS

Article 18. Equal treatment of parties

The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.

[Note: Section 46(2) and (3) has effect in substitution for article 18—see section 46.]

Article 19. Determination of rules of procedure

(1) Subject to the provisions of this Law, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.

(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this Law, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

[Note: Article 19(2) is not applicable—see section 47.]

Article 20. Place of arbitration

(1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.

(2) Notwithstanding the provisions of paragraph (1) of this article, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents.

[Note: See section 48.]

Article 21. Commencement of arbitral proceedings

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

[Note: See section 49.]

Article 22. Language

(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.

(2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

[Note: See section 50.]

Article 23. Statements of claim and defence

(1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.

(2) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.

[Note: See section 51.]

Article 24. Hearings and written proceedings

(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party.

(2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents.

(3) All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Also any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.

[Note: See ssection 52.]

Article 25. Default of a party

Unless otherwise agreed by the parties, if, without showing sufficient cause,

(a) the claimant fails to communicate his statement of claim in accordance with article 23(1), the arbitral tribunal shall terminate the proceedings;

(b) the respondent fails to communicate his statement of defence in accordance with article 23(1), the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations;

(c) any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.

[Note: See section 53.]

Article 26. Expert appointed by arbitral tribunal

(1) Unless otherwise agreed by the parties, the arbitral tribunal

(a) may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal;

(b) may require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.

(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.

[Note: See section 54.]

Article 27. Court assistance in taking evidence

The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of this State assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence.

[Note: See section 55.]

CHAPTER VI. MAKING OF AWARD AND TERMINATION OF PROCEEDINGS

Article 28. Rules applicable to substance of dispute

(1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules.

(2) Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.

(3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.

(4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.

[Note: See section 64.]

Article 29. Decision-making by panel of arbitrators

In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral tribunal.

[Note: See section 65.]

Article 30. Settlement

(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.

(2) An award on agreed terms shall be made in accordance with the provisions of article 31 and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case.

[Note: See section 66.]

Article 31. Form and contents of award

(1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated.

(2) The award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms under article 30.

(3) The award shall state its date and the place of arbitration as determined in accordance with article 20(1). The award shall be deemed to have been made at that place.

(4) After the award is made, a copy signed by the arbitrators in accordance with paragraph (1) of this article shall be delivered to each party.

[Note: See section 67.]

Article 32. Termination of proceedings

(1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with paragraph (2) of this article.

(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:

(a) the claimant withdraws his claim, unless the respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on his part in obtaining a final settlement of the dispute;

(b) the parties agree on the termination of the proceedings;

(c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

(3) The mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings, subject to the provisions of articles 33 and 34(4).

[Note: See section 68.]

Article 33. Correction and interpretation of award; additional award

(1) Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties:

(a) a party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors or any errors of similar nature;

(b) if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award.

If the arbitral tribunal considers the request to be justified, it shall make the correction or give the interpretation within thirty days of receipt of the request. The interpretation shall form part of the award.

(2) The arbitral tribunal may correct any error of the type referred to in paragraph (1)(a) of this article on its own initiative within thirty days of the date of the award.

(3) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within thirty days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within sixty days.

(4) The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, interpretation or an additional award under paragraph (1) or (3) of this article.

(5) The provisions of article 31 shall apply to a correction or interpretation of the award or to an additional award.

[Note: See section 69.]

CHAPTER VII. RECOURSE AGAINST AWARD

Article 34. Application for setting aside as exclusive recourse against arbitral award

(1) Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with paragraphs (2) and (3) of this article.

(2) An arbitral award may be set aside by the court specified in article 6 only if:

(a) the party making the application furnishes proof that:

(i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of this State; or

(ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or

(iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Law; or

(b) the court finds that:

(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of this State; or

(ii) the award is in conflict with the public policy of this State.

(3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under article 33, from the date on which that request had been disposed of by the arbitral tribunal.

(4) The court, when asked to set aside an award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.

[Note: See section 81.]

CHAPTER VIII. RECOGNITION AND ENFORCEMENT OF AWARDS

Article 35. Recognition and enforcement

(1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this article and of article 36.

(2) The party relying on an award or applying for its enforcement shall supply the original award or a copy thereof. If the award is not made in an official language of this State, the court may request the party to supply a translation thereof into such language.****

(Article 35(2) has been amended by the Commission at its thirty-ninth session, in 2006)

[Note: Article 35 does not have effect—see section 82.]

Article 36. Grounds for refusing recognition or enforcement

(1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:

(a) at the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that:

(i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or

(ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or

(iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or

(v) the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or

(b) if the court finds that:

(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of this State; or

(ii) the recognition or enforcement of the award would be contrary to the public policy of this State.

(2) If an application for setting aside or suspension of an award has been made to a court referred to in paragraph (1)(a)(v) of this article, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.

[Note: Article 36 does not have effect—see section 83.]

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*Article headings are for reference purposes only and are not to be used for purposes of interpretation.

**The term “commercial” should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not. Relationships of a commercial nature include, but are not limited to, the following transactions: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business cooperation; carriage of goods or passengers by air, sea, rail or road.

***The conditions set forth in article 17I are intended to limit the number of circumstances in which the court may refuse to enforce an interim measure. It would not be contrary to the level of harmonization sought to be achieved by these model provisions if a State were to adopt fewer circumstances in which enforcement may be refused.

****The conditions set forth in this paragraph are intended to set maximum standards. It would, thus, not be contrary to the harmonization to be achieved by the model law if a State retained even less onerous conditions.

Note: The full text of the UNCITRAL Model Law is reproduced in this Schedule for information only. Provisions which are not applicable under this Ordinance are underlined. A note is added after each article to indicate the provision in this Ordinance which makes direct reference to that article. However, substituting provisions and other supplemental provisions to which the UNCITRAL Model Law are subject have not been shown in this Schedule. Reference has to be made therefore to this Ordinance which determines the extent to which the UNCITRAL Model Law applies.

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Provisions that may be Expressly Opted for or Automatically Apply

1. Sole arbitrator

Despite section 23, any dispute arising between the parties to an arbitration agreement is to be submitted to a sole arbitrator for arbitration.

2. Consolidation of arbitrations

(1) If, in relation to 2 or more arbitral proceedings, it appears to the Court—

(a) that a common question of law or fact arises in both or all of them;

(b) that the rights to relief claimed in those arbitral proceedings are in respect of or arise out of the same transaction or series of transactions; or

(c) that for any other reason it is desirable to make an order under this section,

the Court may, on the application of any party to those arbitral proceedings—

(d) order those arbitral proceedings—

(i) to be consolidated on such terms as it thinks just; or

(ii) to be heard at the same time or one immediately after another; or

(e) order any of those arbitral proceedings to be stayed until after the determination of any other of them.

(2) If the Court orders arbitral proceedings to be consolidated under subsection (1)(d)(i) or to be heard at the same time or one immediately after another under subsection (1)(d)(ii), the Court has the power—

(a) to make consequential directions as to the payment of costs in those arbitral proceedings; and

(b) if—

(i) all parties to those arbitral proceedings are in agreement as to the choice of arbitrator for those arbitral proceedings, to appoint that arbitrator; or

(ii) the parties cannot agree as to the choice of arbitrator for those arbitral proceedings, to appoint an arbitrator for those arbitral proceedings (and, in the case of arbitral proceedings to be heard at the same time or one immediately after another, to appoint the same arbitrator for those arbitral proceedings).

(3) If the Court makes an appointment of an arbitrator under subsection (2) for the arbitral proceedings to be consolidated or to be heard at the same time or one immediately after another, any appointment of any other arbitrator that has been made for any of those arbitral proceedings ceases to have effect for all purposes on and from the appointment under subsection (2).

(4) The arbitral tribunal hearing the arbitral proceedings that are consolidated under subsection (1)(d)(i) has the power under sections 74 and 75 in relation to the costs of those arbitral proceedings.

(5) If 2 or more arbitral proceedings are heard at the same time or one immediately after another under subsection (1)(d)(ii), the arbitral tribunal—

(a) has the power under sections 74 and 75 only in relation to the costs of those arbitral proceedings that are heard by it; and

(b) accordingly, does not have the power to order a party to any of those arbitral proceedings that are heard at the same time or one immediately after another to pay the costs of a party to any other of those proceedings unless the arbitral tribunal is the same tribunal hearing all of those arbitral proceedings.

(6) An order, direction or decision of the Court under this section is not subject to appeal.

3. Decision of preliminary question of law by Court

(1) The Court may, on the application of any party to arbitral proceedings, decide any question of law arising in the course of the arbitral proceedings.

(2) An application under subsection (1) may not be made except—

(a) with the agreement in writing of all the other parties to the arbitral proceedings; or

(b) with the permission in writing of the arbitral tribunal.

(3) The application must—

(a) identify the question of law to be decided; and

(b) state the grounds on which it is said that the question should be decided by the Court.

(4) The Court must not entertain an application under subsection (1) unless it is satisfied that the decision of the question of law might produce substantial savings in costs to the parties.

(5) The leave of the Court or the Court of Appeal is required for any appeal from a decision of the Court under subsection (1).

4. Challenging arbitral award on ground of serious irregularity

(1) A party to arbitral proceedings may apply to the Court challenging an award in the arbitral proceedings on the ground of serious irregularity affecting the tribunal, the arbitral proceedings or the award.

(2) Serious irregularity means an irregularity of one or more of the following kinds which the Court considers has caused or will cause substantial injustice to the applicant—

(a) failure by the arbitral tribunal to comply with section 46;

(b) the arbitral tribunal exceeding its powers (otherwise than by exceeding its jurisdiction);

(c) failure by the arbitral tribunal to conduct the arbitral proceedings in accordance with the procedure agreed by the parties;

(d) failure by the arbitral tribunal to deal with all the issues that were put to it;

(e) any arbitral or other institution or person vested by the parties with powers in relation to the arbitral proceedings or the award exceeding its powers;

(f) failure by the arbitral tribunal to give, under section 69, an interpretation of the award the effect of which is uncertain or ambiguous;

(g) the award being obtained by fraud, or the award or the way in which it was procured being contrary to public policy;

(h) failure to comply with the requirements as to the form of the award; or

(i) any irregularity in the conduct of the arbitral proceedings, or in the award which is admitted by the arbitral tribunal or by any arbitral or other institution or person vested by the parties with powers in relation to the arbitral proceedings or the award.

(3) If there is shown to be serious irregularity affecting the arbitral tribunal, the arbitral proceedings or the award, the Court may by order—

(a) remit the award to the arbitral tribunal, in whole or in part, for reconsideration;

(b) set aside the award, in whole or in part; or

(c) declare the award to be of no effect, in whole or in part.

(4) If the award is remitted to the arbitral tribunal, in whole or in part, for reconsideration, the tribunal must make a fresh award in respect of the matters remitted—

(a) within 3 months of the date of the order for remission; or

(b) within a longer or shorter period that the Court may direct.

(5) The Court must not exercise its power to set aside an award or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.

(6) The leave of the Court or the Court of Appeal is required for any appeal from a decision, order or direction of the Court under this section.

(7) Section 7 of this Schedule also applies to an application or appeal under this section.

5. Appeal against arbitral award on question of law

(1) Subject to section 6 of this Schedule, a party to arbitral proceedings may appeal to the Court on a question of law arising out of an award made in the arbitral proceedings.

(2) An agreement to dispense with the reasons for an arbitral tribunal’s award is to be treated as an agreement to exclude the Court’s jurisdiction under this section.

(3) The Court must decide the question of law which is the subject of the appeal on the basis of the findings of fact in the award.

(4) The Court must not consider any of the criteria set out in section 6(4)(c)(i) or (ii) of this Schedule when it decides the question of law under subsection (3).

(5) On hearing an appeal under this section, the Court may by order—

(a) confirm the award;

(b) vary the award;

(c) remit the award to the arbitral tribunal, in whole or in part, for reconsideration in the light of the Court’s decision; or

(d) set aside the award, in whole or in part.

(6) If the award is remitted to the arbitral tribunal, in whole or in part, for reconsideration, the tribunal must make a fresh award in respect of the matters remitted—

(a) within 3 months of the date of the order for remission; or

(b) within a longer or shorter period that the Court may direct.

(7) The Court must not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.

(8) The leave of the Court or the Court of Appeal is required for any further appeal from an order of the Court under subsection (5).

(9) Leave to further appeal must not be granted unless—

(a) the question is one of general importance; or

(b) the question is one which, for some other special reason, should be considered by the Court of Appeal.

(10) Sections 6 and 7 of this Schedule also apply to an appeal or further appeal under this section.

6. Application for leave to appeal against arbitral award on question of law

(1) An appeal under section 5 of this Schedule on a question of law may not be brought by a party to arbitral proceedings except—

(a) with the agreement of all the other parties to the arbitral proceedings; or

(b) with the leave of the Court.

(2) An application for leave to appeal must—

(a) identify the question of law to be decided; and

(b) state the grounds on which it is said that leave to appeal should be granted.

(3) The Court must determine an application for leave to appeal without a hearing unless it appears to the Court that a hearing is required.

(4) Leave to appeal is to be granted only if the Court is satisfied—

(a) that the decision of the question will substantially affect the rights of one or more of the parties;

(b) that the question is one which the arbitral tribunal was asked to decide; and

(c) that, on the basis of the findings of fact in the award—

(i) the decision of the arbitral tribunal on the question is obviously wrong; or

(ii) the question is one of general importance and the decision of the arbitral tribunal is at least open to serious doubt.

(5) The leave of the Court or the Court of Appeal is required for any appeal from a decision of the Court to grant or refuse leave to appeal.

(6) Leave to appeal from such a decision of the Court must not be granted unless—

(a) the question is one of general importance; or

(b) the question is one which, for some other special reason, should be considered by the Court.

7. Supplementary provisions on challenge to or appeal against arbitral award

(1) An application or appeal under section 4, 5 or 6 of this Schedule may not be brought if the applicant or appellant has not first exhausted—

(a) any available recourse under section 69; and

(b) any available arbitral process of appeal or review.

(2) If, on an application or appeal, it appears to the Court that the award—

(a) does not contain the arbitral tribunal’s reasons for the award; or

(b) does not set out the arbitral tribunal’s reasons for the award in sufficient detail to enable the Court properly to consider the application or appeal,

the Court may order the tribunal to state the reasons for the award in sufficient detail for that purpose.

(3) If the Court makes an order under subsection (2), it may make a further order that it thinks fit with respect to any additional costs of the arbitration resulting from its order.

(4) The Court—

(a) may order the applicant or appellant to give security for the costs of the application or appeal; and

(b) may, if the order is not complied with, direct that the application or appeal is to be dismissed.

(5) The power to order security for costs must not be exercised only on the ground that the applicant or appellant is—

(a) a natural person who is ordinarily resident outside Hong Kong;

(b) a body corporate—

(i) incorporated under the law of a place outside Hong Kong; or

(ii) the central management and control of which is exercised outside Hong Kong; or

(c) an association—

(i) formed under the law of a place outside Hong Kong; or

(ii) the central management and control of which is exercised outside Hong Kong.

(6) The Court—

(a) may order that any money payable under the award is to be paid into the Court or otherwise secured pending the determination of the application or appeal; and

(b) may, if the order is not complied with, direct that the application or appeal is to be dismissed.

(7) The Court or the Court of Appeal may impose conditions to the same or similar effect as an order under subsection (4) or (6) on granting leave to appeal under section 4, 5 or 6 of this Schedule.

(8) Subsection (7) does not affect the general discretion of the Court or the Court of Appeal to grant leave subject to conditions.

(9) An order, direction or decision of the Court or the Court of Appeal under this section is not subject to appeal.

Savings and Transitional Provisions

1. Conduct of arbitral and related proceedings

(1) If an arbitration—

(a) has commenced under article 21 of the UNCITRAL Model Law as defined in section 2(1) of the repealed Ordinance before the commencement of this Ordinance; or

(b) has been deemed to be commenced under section 31(1) of the repealed Ordinance before the commencement of this Ordinance,

that arbitration and all related proceedings, including (where the award made in that arbitration has been set aside) arbitral proceedings resumed after the setting aside of the award, are to be governed by the repealed Ordinance as if this Ordinance had not been enacted.

(2) If an arbitration has commenced under any other Ordinance amended by this Ordinance before the commencement of this Ordinance, that arbitration and all related proceedings, including (where the award made in that arbitration has been set aside) arbitral proceedings resumed after the setting aside of the award, are to be governed by that other Ordinance in force immediately before the commencement of this Ordinance as if this Ordinance had not been enacted.

2. Appointment of arbitrators

(1) Subject to subsection (2), the appointment of an arbitrator made before the commencement of this Ordinance is, after the commencement of this Ordinance, to continue to have effect as if this Ordinance had not been enacted.

(2) The enactment of this Ordinance does not revive the appointment of any arbitrator whose mandate has terminated before the commencement of this Ordinance.

3. Settlement agreements

If the parties to an arbitration agreement have entered into a settlement agreement under section 2C of the repealed Ordinance before the commencement of this Ordinance, that settlement agreement may be enforced in accordance with that section as if this Ordinance had not been enacted.

4. Appointment of members of the Appointment Advisory Board

The appointment of a member of the Appointment Advisory Board established under rule 3 of the Arbitration (Appointment of Arbitrators and Umpires) Rules (Cap. 341 sub. leg. B) made before the commencement of this Ordinance is, after the commencement of this Ordinance, to continue to have effect until the expiry of the term of that appointment as if this Ordinance had not been enacted.

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Consequential and Related Amendments

High Court Ordinance

1. Mode of exercise of Admiralty jurisdiction

Section 12B of the High Court Ordinance (Cap. 4) is amended by adding—

“(6A) The Court of First Instance may order a stay of Admiralty proceedings under section 20 of the Arbitration Ordinance (17 of 2010), subject to any conditions that it may impose, including the making of an order for the property arrested or the bail or security given in those proceedings to be retained as security for the satisfaction of any award made in the arbitration.”.

2. Appeals in civil matters

(1) Section 14(3)(ea) is amended by repealing “Arbitration Ordinance (Cap. 341), from any decision” and substituting “Arbitration Ordinance (17 of 2010), from any judgment or order”.

(2) Section 14(3)(ea)(i) and (ii) is repealed and the following substituted—

“(i) under section 15(2) of that Ordinance refusing to direct an issue to be determined in accordance with an arbitration agreement;

(ii) under section 20(1) or (2) of that Ordinance refusing to refer the parties to arbitration;

(iii) under section 60(1) of that Ordinance directing the sale of property;

(iv) under section 81 of that Ordinance to set aside an arbitral award;

(v) under section 84, 87 or 92 of that Ordinance to grant or refuse leave to enforce an arbitral award;

(vi) under section 3 of Schedule 2 to that Ordinance on a question of law arising in the course of arbitral proceedings;

(vii) under section 4 of Schedule 2 to that Ordinance on a challenge against an arbitral award on the ground of serious irregularity;

(viii) under section 5 or 6 of Schedule 2 to that Ordinance on a question of law arising out of an arbitral award;

(ix) under section 7(2) and (3) of Schedule 2 to that Ordinance for an arbitral tribunal to state the reasons for its award and on related costs;

(x) under section 7(4) and (6) of Schedule 2 to that Ordinance on the giving of security for the costs of an application to challenge an arbitral tribunal or an appeal on a question of law arising out of an arbitral award, and for the money payable under the award pending the determination of the application or appeal; or

(xi) under section 7(7) of Schedule 2 to that Ordinance to impose conditions on granting leave to appeal on a question of law arising out of an arbitral award;”.

3. Power of Court of First Instance to impose charging order

Section 20(4) is amended by adding “or umpire” after “arbitrator” where it twice appears.

4. Rules of court

Section 54(2)(j) is amended by repealing everything after “procedure for the payment of money into” and substituting “the Court of First Instance by any party to arbitral proceedings;”.

5. Rules concerning deposit, etc. of moneys, etc. in High Court

Section 57(3) is amended by repealing “arbitration proceedings who makes payment of money into the High Court” and substituting “arbitral proceedings who makes payment of money into the Court of First Instance”.

Rules of the High Court

6. Applications to the Court of Appeal

Order 59, rule 14(5), (6) and (6A) of the Rules of the High Court (Cap. 4 sub. leg. A) is repealed.

7. Judgments and orders to which section 14AA(1) of the Ordinance not apply

Order 59, rule 21(1)(i) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

8. Interpretation

Order 62, rule 1(1) is amended, in the definition of “contentious business”, by repealing “appointed under the Arbitration Ordinance (Cap. 341)” and substituting “, umpire or arbitral tribunal under the Arbitration Ordinance (17 of 2010)”.

9. Powers of taxing masters to tax costs

Order 62, rule 12(1)(b) is amended by repealing “on a reference to arbitration” and substituting “in an arbitration”.

10. Arbitration proceedings

Order 73 is amended, in the heading, by repealing “Arbitration” and substituting “Arbitral”.

11. Rule added

Order 73 is amended by adding—

“1. Applications under Arbitration Ordinance (O. 73, r. 1)

Subject to the following rules of this Order, an application, request or appeal to the Court under the Arbitration Ordinance (17 of 2010) must be made by originating summons in Form No. 10 in Appendix A to a single judge in court.”.

12. Rules substituted

Order 73, rules 2 to 9 are repealed and the following substituted—

“2. Applications in pending actions (O. 73, r. 2)

An application, request or appeal to which rule 1 applies must, if an action is pending, be made by summons in the action.

3. Applications in relation to proceedings under Arbitration Ordinance (O. 73, r. 3)

An application in relation to proceedings referred to in section 16 of the Arbitration Ordinance (17 of 2010) must be made to a judge in chambers.

4. Applications for interim measures or other orders in relation to arbitral proceedings outside Hong Kong (O. 73, r. 4)

If an application for an interim measure under section 45(2) of the Arbitration Ordinance (17 of 2010) or for an order under section 60(1) of that Ordinance is in relation to any arbitral proceedings outside Hong Kong, rules 1, 2, 3, 4, 7(1), 7A and 8 of Order 29 apply with any necessary modifications to the application as they apply to an application for interlocutory relief in an action or proceeding in the High Court.

5. Time limits and other special provisions for certain applications under Arbitration Ordinance (O. 73, r. 5)

(1) An application to challenge an arbitral award on the ground of serious irregularity under section 4 of Schedule 2 to the Arbitration Ordinance (17 of 2010) must be made, and the originating summons or summons must be served, within 30 days after the award is delivered.

(2) An application for leave to appeal on a question of law arising out of an arbitral award under section 6 of Schedule 2 to the Arbitration Ordinance (17 of 2010) must be made, and the originating summons or summons must be served, within 30 days after the award is delivered and, if there is a correction or interpretation of the award under section 69 of that Ordinance, the period of 30 days runs from the date on which the award with the correction made or interpretation given is delivered.

(3) An application to decide any question of law arising in the course of the arbitral proceedings under section 3 of Schedule 2 to the Arbitration Ordinance (17 of 2010) must be made, and the originating summons or summons must be served, within 30 days after the arbitral tribunal has given permission in writing for the making of the application or all the other parties to the arbitral proceedings have agreed in writing to the making of the application.

(4) In relation to an application to which paragraph (1), (2) or (3) applies or an application to set aside an arbitral award under section 81 of the Arbitration Ordinance (17 of 2010)—

(a) the originating summons or summons must state the grounds of application; and

(b) if the application—

(i) is founded on evidence by affidavit, a copy of every affidavit intended to be used must be served with the originating summons or summons; or

(ii) is made with the permission of the arbitral tribunal or agreement of all the other parties to the arbitral proceedings, a copy of every permission or agreement in writing must be served with the originating summons or summons.

(5) In relation to—

(a) an application to which paragraph (1) applies;

(b) a request for the Court to decide on a challenge to an arbitrator or umpire under section 26(1) of the Arbitration Ordinance (17 of 2010) or to decide on the termination of the mandate of an arbitrator or umpire under section 27 of that Ordinance;

(c) an application for the Court to decide that the umpire is to replace the arbitrators as the arbitral tribunal under section 31(8) of that Ordinance or that the arbitrator or umpire is not entitled to or must repay fees or expenses under section 62 of that Ordinance;

(d) an application to extend the time limit for making an award under section 72(2) of that Ordinance;

(e) an application to set aside an arbitral award under section 81 of that Ordinance; or

(f) an appeal on a question of law arising out of an arbitral award or application for leave to appeal under section 5, 6 or 7 of Schedule 2 to that Ordinance,

the originating summons or summons must be served on the arbitrator or umpire, the arbitral tribunal and on all the other parties to the arbitral proceedings.

(6) An appeal on a question of law arising out of an arbitral award under section 5 of Schedule 2 to the Arbitration Ordinance (17 of 2010) may be included in the application for leave to appeal, if leave is required.

6. Applications, requests and appeals to be heard in Construction and Arbitration List (O. 73, r. 6)

(1) An application, request or appeal which is required by rule 1 or 3 to be made to a judge must be entered in the Construction and Arbitration List unless the judge in charge of the list otherwise directs.

(2) Nothing in paragraph (1) is to be construed as preventing the powers of the judge in charge of the Construction and Arbitration List from being exercised by any judge of the Court of First Instance.

7. Service out of jurisdiction of originating summons, summons or order (O. 73, r. 7)

(1) Subject to paragraphs (2) and (3), service out of the jurisdiction of—

(a) any originating summons or summons under this Order; or

(b) any order made on such originating summons or summons, is permissible with the leave of the Court if the arbitration to which the originating summons, summons or order relates is governed by Hong Kong law or has been, is being, or is to be held within the jurisdiction.

(2) Service out of the jurisdiction of an originating summons or summons by which an application for leave to enforce an award is made is permissible with the leave of the Court, whether or not the arbitration is governed by Hong Kong law.

(3) Service out of the jurisdiction of an originating summons or summons by which an application for an interim measure under section 45(2) of the Arbitration Ordinance (17 of 2010) or for an order under section 60(1) of that Ordinance is made is permissible with the leave of the Court.

(4) An application for the grant of leave under this rule must be supported by an affidavit stating—

(a) the grounds on which the application is made; and

(b) in what place the person to be served is, or probably may be found.

(5) No leave may be granted under this rule unless it is made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this rule.

(6) Order 11, rules 5, 5A, 6, 7, 7A, 8 and 8A apply in relation to any originating summons, summons or order referred to in paragraph (1) as they apply in relation to a writ.”.

13. Enforcement of settlement agreement under section 2C of the Arbitration Ordinance or of award under section 2GG of that Ordinance

(1) Order 73, rule 10 is amended, in the heading, by repealing “under section 2C of the Arbitration Ordinance or of award under section 2GG of that Ordinance” and substituting “, award, order or direction under Arbitration Ordinance”.

(2) Order 73, rule 10(1)(a) is amended by repealing “to enforce a settlement agreement, or” and substituting “(“the repealed Ordinance”) repealed by the Arbitration Ordinance (17 of 2010) (“the Arbitration Ordinance”) to enforce a settlement agreement entered into before the commencement of the Arbitration Ordinance;”.

(3) Order 73, rule 10(1)(b) is amended by repealing everything after “section 2GG of ” and substituting “the repealed Ordinance to enforce an award, order or direction made or given by an arbitral tribunal before the commencement of the Arbitration Ordinance;”.

(4) Order 73, rule 10(1) is amended by adding—

“(c) under section 61(1) of the Arbitration Ordinance to enforce an order or direction (including an interim measure) of an arbitral tribunal; or

(d) under section 84(1), 87(1) or 92(1) of the Arbitration Ordinance to enforce an award made by an arbitral tribunal (including a Convention award and a Mainland award within the meaning of the Arbitration Ordinance),”.

(5) Order 73, rule 10(3)(a)(i) is repealed and the following substituted—

“(i) if the application is under section 2C of the repealed Ordinance, the arbitration agreement (or a copy of it) and the original settlement agreement (or a copy of it);”.

(6) Order 73, rule 10(3)(a)(ii) is repealed and the following substituted—

“(ii) if the application is under section 2GG of the repealed Ordinance, the arbitration agreement (or a copy of it) and the original award, order or direction (or a copy of it);”.

(7) Order 73, rule 10(3)(a) is amended by adding—

“(iia) if the application is under section 61(1) of the Arbitration Ordinance, the arbitration agreement (or a copy of it) and the original order or direction (or a copy of it);”.

(8) Order 73, rule 10(3)(a)(iii) is repealed and the following substituted—

“(iii) subject to sub-subparagraphs (iv) and (v), if the application is under section 84(1) of the Arbitration Ordinance, the documents required to be produced under section 85 of that Ordinance;

(iv) if the application is under section 87(1)(a) of the Arbitration Ordinance, or in accordance with section 84 of the Arbitration Ordinance as provided by section 87(1)(b) of that Ordinance, the documents required to be produced under section 88 of that Ordinance;

(v) if the application is under section 92(1)(a) of the Arbitration Ordinance, or in accordance with section 84 of the Arbitration Ordinance as provided by section 92(1)(b) of that Ordinance, the documents required to be produced under section 94 of that Ordinance;”.

(9) Order 73, rule 10(3)(b) is amended by repealing “or award” and substituting “, award, order or direction”.

(10) Order 73, rule 10(3)(c) is amended by repealing “or award” and substituting “, award, order or direction”.

(11) Order 73, rule 10(5) is amended—

(a) by adding “made under paragraph (4)” after “Service of the order”;

(b) by repealing “rules 5, 6 and 8,” and substituting “rules 5, 5A, 6, 7, 7A, 8 and 8A”.

(12) Order 73, rule 10(6) is amended—

(a) by repealing “or, if the order” and substituting “made under paragraph (4) or, if the order made under paragraph (4)”;

(b) by repealing “the order and the settlement agreement or award” and substituting “that order, and the settlement agreement, award, order or direction”;

(c) by adding “made under paragraph (4)” after “period to set aside the order”.

(13) Order 73, rule 10(6A) is amended by adding “made under paragraph (4)” after “to set aside the order”.

(14) Order 73, rule 10(7) is amended by adding “made under paragraph (4)” after “copy of the order”.

14. Other provisions as to applications to set aside an order made under rule 10

(1) Order 73, rule 10A is amended, in the heading, by repealing “rule 10” and substituting “rule 10(4)”.

(2) Order 73, rule 10A is amended by repealing “to set aside an order made under rule 10” and substituting “under rule 10(6) to set aside an order made under rule 10(4)”.

15. Rules repealed

Order 73, rules 11 to 18 are repealed.

16. Rule added

Order 73 is amended by adding—

“19. Transitional provision relating to Arbitration Ordinance (O. 73, r. 19)

If, immediately before the commencement of the Arbitration Ordinance (17 of 2010), an application, request or appeal by originating motion, summons or notice made under this Order as in force immediately before the commencement of that Ordinance is pending, then the application, request or appeal is to be determined as if that Ordinance had not been enacted.”.

Labour Relations Ordinance

17. Arbitration Ordinance not to apply

Section 21 of the Labour Relations Ordinance (Cap. 55) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Control of Exemption Clauses Ordinance

18. Arbitration agreements

Section 15(2)(a) of the Control of Exemption Clauses Ordinance (Cap. 71) is repealed.

Ferry Services Ordinance

19. Arbitration

Section 27(1) of the Ferry Services Ordinance (Cap. 104) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Telecommunications Ordinance

20. Power to place and maintain telecommunications lines, etc., on land, etc.

Section 14(5)(b)(i) of the Telecommunications Ordinance (Cap. 106) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Telecommunications Regulations

21. Form of licences

Schedule 3 to the Telecommunications Regulations (Cap. 106 sub. leg. A) is amended, in the form for the Fixed Telecommunications Network Services Licence, in the General Conditions, in General Condition 41(2), by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Tramway Ordinance

22. Attachment

Section 6(3) of the Tramway Ordinance (Cap. 107) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

23. Payment for works

Section 16(4) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Buildings Ordinance

24. Projections on or over streets

Section 31(4) of the Buildings Ordinance (Cap. 123) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Eastern Harbour Crossing Ordinance

25. Interpretation

Section 2(4) of the Eastern Harbour Crossing Ordinance (Cap. 215) is amended by repealing “Arbitration Ordinance (Cap. 341)” where it twice appears and substituting “Arbitration Ordinance (17 of 2010)”.

26. Operation of road tunnel area by Government

Section 49(2) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

27. Road Company to charge approved tolls for use of road tunnel

Section 55(3)(b) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

28. Liability of companies and amount payable by the Government on the vesting in it of their assets

Section 71(2) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

29. Appeal by the Road Company or the Rail Company

(1) Section 75(2)(a) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

(2) Section 75(2)(b) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Public Bus Services Ordinance

30. Grant of franchises

Section 5(8) of the Public Bus Services Ordinance (Cap. 230) is amended—

(a) by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”;

(b) by repealing “a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to” and substituting “arbitration under that Ordinance with”.

31. Determination of compensation by arbitrator

Section 25D(2) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Mining Ordinance

32. Compensation where action is taken under section 11

Section 12(3) of the Mining Ordinance (Cap. 285) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

33. Resumption of land required for public purposes

Section 65(5) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Hong Kong Airport (Control of Obstructions) Ordinance

34. Closure orders in relation to buildings to be demolished or reduced in height

Section 15(9) of the Hong Kong Airport (Control of Obstructions) Ordinance (Cap. 301) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Arbitration (Parties to New York Convention) Order

35. Schedule amended

(1) The Schedule to the Arbitration (Parties to New York Convention) Order (Cap. 341 sub. leg. A) is amended by repealing “Bosnia-Herzegovina” and substituting “Bosnia and Herzegovina”.

(2) The Schedule is amended by repealing “Kazakstan” and substituting “Kazakhstan”.

(3) The Schedule is amended by repealing “Korea, Republic of ” and substituting “Republic of Korea”.

(4) The Schedule is amended by repealing “Macedonia, the former Yugoslav Republic of ” and substituting “The former Yugoslav Republic of Macedonia”.

(5) The Schedule is amended by repealing “Netherlands (including Netherlands Antilles and Surinam)” and substituting “Netherlands (including Netherlands Antilles)”.

(6) The Schedule is amended by repealing “Slovak Republic” and substituting “Slovakia”.

(7) The Schedule is amended, in the English text, by repealing “Tanzania, United Republic of ” and substituting “United Republic of Tanzania”.

(8) The Schedule is amended by repealing “United Kingdom (including Belize, Bermuda, Cayman Islands, Gibraltar, Guernsey and Isle of Man)” and substituting “United Kingdom of Great Britain and Northern Ireland

(including Bailiwick of Jersey, Cayman Islands, Bermuda, Gibraltar, Guernsey and Isle of Man)”.

(9) The Schedule is amended by repealing “Venezuela” and substituting “Venezuela (Bolivarian Republic of)”.

(10) The Schedule is amended, in the English text, by repealing “Vietnam” and substituting “Viet Nam”.

(11) The Schedule is amended by repealing “Yugoslavia”.

(12) The Schedule is amended, in the Chinese text, by repealing “丹麥(包括法羅群島及格陵蘭)” and substituting “丹麥(包括法羅群島及格陵蘭島)”.

(13) The Schedule is amended, in the Chinese text, by repealing “文萊” and substituting “文萊達魯薩蘭國”.

(14) The Schedule is amended, in the Chinese text, by repealing “尼日尼亞” and substituting “尼日利亞”.

(15) The Schedule is amended, in the Chinese text, by repealing “吉爾吉斯” and substituting “吉爾吉斯斯坦”.

(16) The Schedule is amended, in the Chinese text, by repealing “多米尼加” and substituting “多米尼克”.

(17) The Schedule is amended, in the Chinese text, by repealing “安提瓜及巴布達” and substituting “安提瓜和巴布達”.

(18) The Schedule is amended, in the Chinese text, by repealing “沙地阿拉伯” and substituting “沙特阿拉伯”.

(19) The Schedule is amended, in the Chinese text, by repealing “孟加拉” and substituting “孟加拉國”.

(20) The Schedule is amended, in the Chinese text, in the entry relating to “法國”, by adding “所有” before “領土”.

(21) The Schedule is amended, in the Chinese text, in the entry relating to “美利堅合眾國”, by adding “所有” before “領土”.

(22) The Schedule is amended, in the Chinese text, by repealing “特立尼達及多巴哥” and substituting “特立尼達和多巴哥”.

(23) The Schedule is amended, in the Chinese text, in the entry relating to “澳大利亞”, by adding “，巴布亞新畿內亞除外” after “領土”.

(24) The Schedule is amended by adding—

“Afghanistan

Albania

Azerbaijan

Bahamas

Brazil

Cook Islands

Dominican Republic

Gabon

Honduras

Iceland

Iran (Islamic Republic of)

Jamaica

Lao People’s Democratic Republic

Lebanon

Liberia

Malta

Marshall Islands

Republic of Moldova

Montenegro

Mozambique

Nepal

Nicaragua

Oman

Qatar

Rwanda

Saint Vincent and the Grenadines

Serbia

United Arab Emirates

Zambia”.

Arbitration (Appointment of Arbitrators and Umpires) Rules

36. Application

Rule 2 of the Arbitration (Appointment of Arbitrators and Umpires) Rules (Cap. 341 sub. leg. B) is amended by repealing “sections 12 and 34C” and substituting “section 13, 23 or 24”.

37. Constitution of Appointment Advisory Board

(1) Rule 3(2)(j) is amended by repealing the full stop and substituting a semicolon.

(2) Rule 3(2) is amended by adding—

“(k) the President of the Hong Kong Construction Association.”.

38. Procedure for applying for appointment of arbitrator or umpire

Rule 6(1) is amended by repealing “section 12 of the Ordinance or under article 11 of the UNCITRAL Model Law” and substituting “section 23 or 24 of the Ordinance”.

39. Procedure for applying to HKIAC for decision as to number of arbitrators

Rule 8(1) is amended by repealing “section 34C(5)” and substituting “section 23(3)”.

40. Decision by HKIAC

Rule 10(1) is amended by repealing “6(2)” and substituting “8(2)”.

41. Schedule amended

(1) The Schedule is amended, in the English text, by repealing “[ss. 6 & 8]” and substituting “[rules 6 & 8]”.

(2) The Schedule is amended, in Form 1, by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

(3) The Schedule is amended, in Form 2, by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Limitation Ordinance

42. Long title amended

The long title to the Limitation Ordinance (Cap. 347) is amended by repealing “and arbitrations”.

43. Application of Ordinance and other limitation enactments to arbitrations

Section 34 is repealed.

Kowloon-Canton Railway Corporation Ordinance

44. Second Schedule amended

The Second Schedule to the Kowloon-Canton Railway Corporation Ordinance (Cap. 372) is amended, in paragraph 20, by repealing “Arbitration Ordinance (Cap. 341) by reference to” and substituting “Arbitration Ordinance (17 of 2010) by arbitration with”.

45. Fifth Schedule amended

The Fifth Schedule is amended, in paragraph 18(1)(a), by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Tate’s Cairn Tunnel Ordinance

46. Interpretation

Section 2(4) of the Tate’s Cairn Tunnel Ordinance (Cap. 393) is amended by repealing “Arbitration Ordinance (Cap. 341)” where it twice appears and substituting “Arbitration Ordinance (17 of 2010)”.

47. Operation of tunnel area by Government

Section 30(2) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

48. Company to charge approved tolls for use of tunnel

Section 36(3)(b) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

49. Liability of the Company and amount payable by the Government on the vesting in it of its assets

Section 49(2) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

50. Appeal by the Company

Section 53(2) is amended—

(a) in paragraph (a), by repealing “Arbitration Ordinance (Cap. 341)” and substituting (17 of 2010)”;

(b) in paragraph (b), by repealing “Arbitration Ordinance (Cap. 341)” and substituting (17 of 2010)”;

Western Harbour Crossing Ordinance

51. Interpretation

Section 2(4) of the Western Harbour Crossing Ordinance (Cap. 436) is amended by repealing “in this Ordinance to arbitration under the Arbitration Ordinance (Cap. 341) shall be regarded as a reference to domestic arbitration for the purposes of Part II of that Ordinance and any reference to such arbitration” and substituting “to arbitration under the Arbitration Ordinance (17 of 2010) as mentioned in this Ordinance”.

52. Operation of tunnel area by Government

Section 27(2) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

53. Liability of the Company and amount payable by the Government on the vesting in the Government of its assets

Section 61(2) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Air Transport (Licensing of Air Services) Regulations

54. Issue of licences

Regulation 5(3)(b) of the Air Transport (Licensing of Air Services) Regulations (Cap. 448 sub. leg. A) is amended, in the proviso, by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Tai Lam Tunnel and Yuen Long Approach Road Ordinance

55. Interpretation

Section 2(4) of the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474) is amended by repealing “domestic arbitration under Part II of the Arbitration Ordinance (Cap. 341)” and substituting “arbitration under the Arbitration Ordinance (17 of 2010)”.

Merchant Shipping (Liner Conferences) Ordinance

56. Restrictions on legal proceedings

Section 8(6) of the Merchant Shipping (Liner Conferences) Ordinance (Cap. 482) is amended by repealing “section 6(1) of, and Article 8(1) of the Fifth Schedule to, the Arbitration Ordinance (Cap. 341) (which provide respectively for the staying of legal proceedings and for the parties to an action to be referred to arbitration)” and substituting “section 20 of the Arbitration Ordinance (17 of 2010)”.

Copyright Ordinance

57. General power to make rules

Section 174(2) of the Copyright Ordinance (Cap. 528) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Copyright Tribunal Rules

58. Application of Arbitration Ordinance

Rule 22 of the Copyright Tribunal Rules (Cap. 528 sub. leg. C) is amended—

(a) by repealing “Sections 2H, 14, 16 and 19 of the Arbitration Ordinance (Cap. 341) shall apply in the case of ” and substituting “Sections 45(2), (4), (9) and (10), 47(3), 55(2) and (5), 56(1)(a), (b) and (c), (2), (3), (4), (8) and (9), 60(1), (2), (9) and (10), 61(1), (3), (4) and (5), 69(1) and (2) (in so far as it relates to the correction, other than the application of the provisions on the form and contents of an award to the correction, of an award), 71 and 84(1), (2) and (3) of the Arbitration Ordinance (17 of 2010) apply, with the necessary modifications, to”;

(b) by repealing “an arbitration where no contrary intention is expressed in the arbitration agreement” and substituting “arbitral proceedings”.

Electronic Transactions (Exclusion) Order

59. Provisions excluded from application of section 5 of Ordinance

Schedule 1 to the Electronic Transactions (Exclusion) Order (Cap. 553 sub. leg. B) is amended by adding—

“72. Arbitration Ordinance (17 of 2010)

Sections 26(1), 31(7), 32(1)(a) and (3), 33(1), 50, 52, 54(1), 66(2), 67(1), 74(2) and 102(a)”.

60. Provisions excluded from application of section 6 of Ordinance

Schedule 2 is amended by adding—

“28. Arbitration Ordinance (17 of 2010)

Section 67(1)”.

Mass Transit Railway Ordinance

61. Settlement or determination of claim for compensation

(1) Section 23(2) of the Mass Transit Railway Ordinance (Cap. 556) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

(2) Section 23(3) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Broadcasting Ordinance

62. Domestic free television programme service supplementary provisions

Schedule 4 to the Broadcasting Ordinance (Cap. 562) is amended, in Part 2, in section 9(4), by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.

Securities and Futures (Leveraged Foreign Exchange Trading) (Arbitration) Rules

63. Applicable law

Section 38(3) of the Securities and Futures (Leveraged Foreign Exchange Trading)(Arbitration) Rules (Cap. 571 sub. leg. F) is amended by repealing “section 2AB of the Arbitration Ordinance (Cap. 341)” and substituting “section 5 of the Arbitration Ordinance (17 of 2010)”.

Tung Chung Cable Car Ordinance

64. Interpretation

Section 2(1) of the Tung Chung Cable Car Ordinance (Cap. 577) is amended, in the definition of “arbitration”, by repealing “domestic arbitration under Part II of the Arbitration Ordinance (Cap. 341)” and substituting “arbitration under the Arbitration Ordinance (17 of 2010)”.

Prevention and Control of Disease Ordinance

65. Compensation

(1) Section 12(4) of the Prevention and Control of Disease Ordinance (14 of 2008) is amended by repealing “Arbitration Ordinance (Cap. 341)” where it twice appears and substituting “Arbitration Ordinance (17 of 2010)”.

(2) Section 12(5) is amended by repealing “Arbitration Ordinance (Cap. 341)” and substituting “Arbitration Ordinance (17 of 2010)”.